Posted on September 01, 2015 in Divorce

The calculation of spousal maintenance, or alimony, has become increasingly inconsistent in recent years due to the large amount of discretion given to individual judges in assigning awards. However, in 2014, the Illinois legislature passed an amendment to the state's alimony law. The new law works to limit individual judges' discretion in alimony awards by providing judges with a specific set of spousal maintenance guidelines to follow when making their rulings.

The Illinois Marriage and Dissolution of Marriage Act

Prior to the passage of the amendments to the Marriage Act, Judges determined whether a spouse was entitled to alimony based on factors listed in the Illinois statutes. These factors included:

• Each couple's needs;
• The ability of each spouse to earn a living;
• The length of the marriage;

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 Posted on August 25, 2015 in Divorce

With the recent historic Supreme Court ruling in Obergefell v. Hodges, same-sex marriage is now legal everywhere in the United States. While legal in Illinois for over a year, the effect for couples who may want to move or travel out of Illinois is significant.

Same-Sex Marriage in Illinois

In 2013, the state legislature approved same-sex marriage in Illinois. Effective as of June 2014, the law allows for same-sex marriage while protecting religious liberties and provides that religious groups may choose which marriage ceremonies to perform; they may not be sued if they refuse to perform a same-sex marriage.

Churches, synagogues, mosques and other places used primarily for the practice, study or advancement of religion cannot be required to use their buildings for same-sex marriage events. Declining to provide a space based on religious beliefs provides immunity from civil and criminal liability.

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 Posted on August 18, 2015 in Divorce

In addition to allowing for fault-based divorce, the state of Illinois allows no-fault divorce, based on a couple's “irreconcilable differences.” A no-fault divorce may be pursued if neither spouse was at fault — there was no cruelty, infidelity, bigamy, abandonment, drug or alcohol abuse, etc.

If you simply do not want to air your dirty laundry in Court, or do not want to go through the stress of a trial and having to prove fault, then a no-fault divorce may be your best option.

Requirements

To obtain a no-fault divorce in Illinois, a couple must fulfill three requirements:

• Spouses must have lived separate and apart for two continuous years;
• Irreconcilable differences must have caused the irretrievable breakdown of the marriage; and
• Efforts at reconciliation must have failed, or future attempts at reconciliation must not be in the best interests of the family and must be impracticable.

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 Posted on August 11, 2015 in Division of Property

All U.S. states now have no-fault grounds for divorce. However, Illinois is somewhat unusual — in that Illinois also currently provides for fault-based grounds for divorce. Obtaining a no-fault divorce in Illinois generally requires a two-year waiting period. Fault divorces are quicker, however, and require no waiting period. Still, the spouse seeking a divorce does have to prove fault, which can be difficult.

Grounds

Illinois law provides for several different fault-based grounds for divorce and include the following:

• One spouse is impotent at the time of the marriage, and continues to be impotent;
• Bigamy — one spouse had another husband or wife alive at the time of the marriage;
• Adultery;
• Willful desertion for a period of at least one year, including any time during which a divorce or legal separation was pending;

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 Posted on July 30, 2015 in Children of Divorce

A Florida mother, who violated the terms of a child custody agreement by refusing to turn her four-year-old son over to the father for an agreed upon circumcision, finally consented to having the procedure done at the end of May. During the court proceeding, the judge advised the parents that as they continue to raise their son, disagreements need to be worked out through communication, and not by taking the law into their own hands.

Advice, however, is sometimes easier to give than to take. When a relationship ends because the spouses cannot get along, how are they supposed to work together to raise their children?

While it may not be easy, successful co-parenting is possible after a relationship has ended.

Focus on Communication

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 Posted on July 27, 2015 in Division of Property

Your divorce decree is signed; however, the signature does not mean your work is finished. The signed order may end the marriage, but your responsibility is to tie up the loose ends.

Change Your Name

While your divorce decree may have included a provision allowing you to use a former name, there are steps you must take in order to legally change your name. To begin, you will first need to officially change your name with the Social Security Administration. A new Social Security card under your new name will be issued. Only then can you obtain a new driver's license or state identification card and begin changing your name elsewhere.

Revise Beneficiary Designations

Illinois law provides for the automatic revocation of an ex-spouse as a beneficiary of your will or trust. The law does not, however, automatically revoke your ex-spouse as beneficiary of your life insurance, retirement, or other pay-on-death accounts. Hence, your ex could still inherit the proceeds of these assets. Even if your divorce decree included a waiver of your ex-spouse's rights to receive these benefits at your death, you should change them anyway.

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 Posted on July 14, 2015 in Divorce

Issues such as adultery, drug use or alcoholism may lead to a couple's divorce. However, a recent study has exposed one more cause — Facebook. According to the study, Facebook, which allows users to “friend” long-lost friends and ex-love interests, is the root cause of one out of every seven divorces.

Facebook and Divorce

One's casual “friend request” to a long-lost love could reignite an old flame. Another's connection with a stranger in a Facebook group might lead a spouse to abandon his or her marriage for a new “love.” Still, such scenarios do not mean that all married couples must give up Facebook or other social media sites entirely. Nor does it mean that you will leave your spouse just because your are in touch with an ex. However, if you are investing too much time on Facebook and not enough in your marriage, the following signs may suggest trouble.

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 Posted on July 14, 2015 in Divorce

Issues such as adultery, drug use or alcoholism may lead to a couple's divorce. However, a recent study has exposed one more cause — Facebook. According to the study, Facebook, which allows users to “friend” long-lost friends and ex-love interests, is the root cause of one out of every seven divorces.

Facebook and Divorce

One's casual “friend request” to a long-lost love could reignite an old flame. Another's connection with a stranger in a Facebook group might lead a spouse to abandon his or her marriage for a new “love.” Still, such scenarios do not mean that all married couples must give up Facebook or other social media sites entirely. Nor does it mean that you will leave your spouse just because your are in touch with an ex. However, if you are investing too much time on Facebook and not enough in your marriage, the following signs may suggest trouble.

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 Posted on July 07, 2015 in Division of Property

Someone contemplating divorce is likely to hear this piece of advice from friends and family: “Before you file, make sure you start putting money away in a separate account for yourself. You do not want to be left with nothing.”

Although well-meaning, this is actually bad advice. Illinois prohibits intentional dissipation of a marital estate, and doing so could result in you receiving less when the marital estate is divided.

Use of Marital Funds during Palatine Divorce

Illinois is an equitable distribution state—marital assets are divided in a fair and equitable manner. While a 50-50 split is presumed to be the most equitable division, equitable does not always mean equal. A number of different factors go in to the Court's determination of what constitutes an equitable distribution, and any one factor can tip the property division into an unequal division of a marital estate

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 Posted on June 24, 2015 in Child Custody

Questions regarding jurisdiction in Palatine child custody cases are common. Based on the specific circumstances of each case, the answers to these questions can differ from person to person. However, several general questions have similar answers.

What is jurisdiction?

Jurisdiction gives a Court the authority to decide a case. In Illinois, a Court has jurisdiction to decide a child custody case if Illinois is the child's home state. Therefore, a child must live in Illinois for a six-month period immediately preceding the filing of a petition.

My spouse moved out of state. Can Illinois still decide my child custody case?

Yes. Jurisdiction is based solely on a child's home state, not where the parents live.

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